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Title 5 Proposed Regulation

The following are changes proposed to Title 5 of the California Code of Regulations.

February 2, 2018​

Title 5, California Code of Regulations
Division 5 -- Board of Trustees of the California State Universities

Chapter 1 -- California State University
Subchapter 5 – Administration
Article 4 – Nonresident Tuition

§ 41906.5 – Nonresident Tuition Exemption Based on Priorfor California Education High School Students

(a) As used in Education Code Section 68130.5, fulfillment of the minimum transfer requirements for students transferring from a California Community College campus shall mean meeting the undergraduate transfer admission requirements established in Title 5, Sections 40803, 40804 or 40804.1.

(b) When a California adult school does not measure attendance by class hours, campuses should consult with that school to determine whether a student has met the minimum 420 class hours of attendance for each school year in classes or courses authorized pursuant to Education Code Section 41976 or Penal Code Sections 2053 to 2054.2.

(a) Any student, other than a student who is nonimmigrant alien under Title 8, United States Code, Section 1101(a)(15), shall be exempt from paying nonresident tuition at any California State University campus if he or she:

(1)Satisfied either of the following:

(A)High school attendance in California for three or more years (grades 9-12); or

(B)Attainment of credits earned in California from a California high school, with those credits being equivalent to three or more years of full-time high school coursework, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those schools.

(2) Graduated from a California high school or attained the equivalent of such graduation; and

(3) Registered for or enrolled in a course offered by a California State University campus for any term commencing on or after January 1, 2002.

(c) (b) Any student seeking an exemption under subdivision (a) Education Code section 68130.5 shall complete a questionnaire furnished by the California State University campus of enrollment verifying eligibility for this nonresident tuition exemption. Supplemental documentationand may be required to provide additional verification documentation in addition to the information required by the questionnaire. Nonpublic student information so provided shall not be disclosed except pursuant to law.

(d) (c) In addition to the requirements of subdivision (a), Any any student without lawful immigration status shall file with the California State University campus an affidavit of enrollment on a form furnished by the campus stating that the student he or she has filed an application to legalize his or her immigration status or will file such an application as soon as he or she is eligible to do so.

(e) (d) A student seeking this tuition exemption has the burden of providing evidence of compliance with the requirements of Education Code section 68130.5 and this section.

(f) (e) Nothing herein modifies eligibility standards or requirements for any form of student financial aid.

Note: Authority cited: Sections 68130.5 and 89030, Education Code. Reference: Section 68130.5, Education Code.

§ 41906.6 – Nonresident Tuition Exemption for Crime Victims.

In accordance with Education Code section 68122(a), Sstudents who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8, United States Code, Sections 1101(a)(15)(T) or (U), are exempt from paying nonresident tuition if they satisfy the requirements set forth in Education Code Section 68130.5. : (1) satisfied either of the following: (A) high school attendance in California for three or more years (grades 9-12), or (B) attainment of credits earned in California from a California high school, with those credits being equivalent to three or more years of full-time high school coursework, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of those schools; (2) graduated from a California high school or attained the equivalent; and (3) registered as an entering student or are currently enrolled at a CSU campus.

Note: Authority cited: Sections 68044, 68122 and 89030, Education Code. Reference: Sections 68044 and 68122, Education Code.

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